ACI Communications, Inc. Sued by Former Employee for Unlawful Age and National Origin Discrimination, and Blatant Retaliation in Federal Court in New York.

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ACI, Communications, Inc. sued for national origin and age discrimination, and unlawful retaliation in federal court in New York - source: Law Offices of Jimmy M. Santos, PLLC

EDWARD KELLY, a 65 year old male of North American national origin has filed a civil rights lawsuit in federal district court in White Plains, New York, (Civil Action No. 11-CIV-4074, U.S. District Court for the Southern District of New York) against his former employer, ACI Communications, Inc. (“ACI”) and TWOWAY Communications, Inc. (“TWOWAY”), Susan Chen and other ACI/ TWOWAY officials (“defendants”) for unlawful age and national origin discrimination, and unlawful retaliation for KELLY’s complaints to defendants and the U.S. Equal Employment Opportunity Commission (the “EEOC”) about the unlawful discrimination occurring at KELLY’s workplace and for KELLY’s participation in proceedings before the EEOC. KELLY is being represented by the Law Offices of Jimmy M. Santos, PLLC.

In his complaint, KELLY alleges that, in January 2009, ACI, with its principal place of business located in Kent, Washington State, and which is a wholly owned subsidiary controlled by TWOWAY, a Taiwanese Company, re-hired KELLY to serve as ACI’s Regional Sales Director of the Eastern part of the United States. KELLY further alleges that, in the summer and fall of 2010, defendants began to single out KELLY and subject him to a hostile work environment due to his age and North American national origin. Specifically, in his complaint, KELLY alleges that: in a December 15, 2010 email, CHEN, the owner and/or most senior executive of ACI and TWOWAY, asked KELLY if “he was having a problem focusing [on his job] due to your age”; defendants re-assigned KELLY from his former position as SALES DIRECTOR to a Sales VP, Strategic Business Development (the “VP POSITION”), in which the markets to which KELLY was assigned had/have virtually no realistic opportunity for growth and assigned KELLY’s prior market base and the Eastern United States sales territory to a Taiwanese male in his late 20s or early 30s with much less sales experience than KELLY and within the Company; one of the defendants systematically berated KELLY and accused him of having “memory” problems; and, in contrast to KELLY and other employees, defendants generally showed preferential treatment to employees of Taiwanese national origin in their 20s and early 30s in contrast to employees in their 50s or over of North American national origin.

KELLY also alleges in his complaint that ACI/ TWOWAY have engaged in lay-offs which have disproportionately and negatively impacted employees of North American national origin and favored employees of Taiwanese national origin, have generally imposed preferential treatment to employees of Taiwanese national origin, and have promoted employees of Taiwanese national origin in contrast to ACI/ TWOWAY’s adverse treatment of the Company’s employees of North American national origin.

KELLY further alleges in his complaint that, after he filed a charge of discrimination with the EEOC on December 30, 2010, on January 6, 2011, ACI/ TWOWAY unlawfully retaliated against KELLY by placing him on “administrative leave”, restricting his access to “the Company’s files and property” and requested him “to [immediately] return all [Company files and property]”. KELLY further alleges that on March 24, 2011, KELLY participated in a mediation session held at the EEOC’s New York Office. Shortly thereafter, KELLY alleges that on March 30th, ACI/ TWOWAY blatantly terminated KELLY’s employment in retaliation for his participating in the EEOC mediation and on the pretext that “[KELLY] was no longer interested in resuming his employment with [the Company]”. In his complaint, KELLY is seeking an unspecified amount of monetary damages for all back and front pay owed him, full compensatory and punitive damages, damages due to defendants’ breach of KELLY’s employment contract, and liquidated damages under the N.Y. Labor Law for defendants’ making unauthorized deductions from KELLY’s agreed-upon annual salary.

KELLY is being represented by Jimmy M. Santos, Esq. of Cornwall, Orange County, New York. Any media inquiries should be directed to the Law Offices of Jimmy M. Santos, PLLC, attn. Jimmy M. Santos, at office no. (845) 534-3185, cell no. (347) 753-3258, fax at (845) 595-2266, and/or via email at jmssesq(at)gmail(dot)com.


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Jimmy M. Santos, Esq.

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